The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (the sentence of two years of suspended execution in the period of eight months of imprisonment, community service work 120 hours, compliance driving lectures 40 hours) is too unfford and unfair.

2. Despite the fact that the Defendant was punished twice due to drinking driving, the level of criticism is high in that he/she drives a motor vehicle in the state of drinking alcohol concentration of 0.206% in the long time.

However, in full view of the following facts: (a) the Defendant committed a crime; (b) the Defendant committed a mistake while committing a crime; (c) the Defendant did not repeat again; (d) there was no history of punishment exceeding the fine due to driving under the influence of alcohol; and (e) other factors of sentencing as shown in the records and arguments, such as the Defendant’s age, sex, environment, occupation, and circumstances after the commission of the crime, the lower court’s punishment is too unjustifiable and thus,

3. As such, the prosecutor’s appeal is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Provided, That the application of the law of the court below to “1. Selection of punishment: Imprisonment without prison labor” is obvious that it is a clerical error, and it is corrected ex officio by adding it.)